PESHAWAR: The Peshawar High Court on Thursday dismissed a petition by the Sunni Ittehad Council (SIC) challenging the Election Commission of Pakistan’s (ECP) decision denying the party reserved seats.
A five-member PHC bench headed by Chief Justice Mohammad Ibrahim Khan and comprising Justice Ijaz Anwar, Justice Ishtiaq Ibrahim, Justice Shakeel Ahmad and Justice Arshad Ali dismissed the SIC petition.
Earlier, during his arguments, SIC lawyer Barrister Ali Zafar said the constitution does not mention when a party has to submit a list of names for reserved ECP seats.
He argued that it is nowhere written that a person cannot submit the list again or when it has to be submitted, adding that there is no restriction on providing the second list and that the ECP could have issued the second list as it did for the general elections.
Justice Ijaz Anwar observed that according to the law, seats will be given to those who participate in the elections.
The court then questioned Barrister Zafar whether it was clearly stated anywhere that the second schedule cannot be issued. “The law does not prevent the Electoral Commission from issuing another schedule,” responded the lawyer.
Justice Arshad Ali observed that Section 104 explains the mechanism for reserved seats as it states that when a list is submitted, another list can be submitted.
“The provision of Section 104 says that if a political party participates in an election, it will give a list,” the lawyer argued.
He had earlier claimed that whoever wins the number of seats will get the reserved seats in the same ratio and their seats cannot be increased.
On 4 March, the ECP accepted the requests of the opposition parties and decided that seats in the National Assembly and Provincial Assemblies would not remain vacant and would be allocated by proportional representation of political parties based on the seats won by the political parties. APP
SIC to challenge Peshawar High Court order
PTI Chairman Gohar Ali Khan said they will challenge the Peshawar High Court order regarding reserved seats in the Supreme Court.
The PTI-backed PHC rejected the Sunni Ittehad Council’s request for reserved assembly seats on Thursday.
Talking to the media, the PTI leader said that the rally will be held on March 23. The venue will be announced tomorrow. He also alleged that attempts are being made to defeat the winning PTI candidates through recounting of votes.
Gohar Ali Khan said that the Supreme Court would ask for a larger bench in reserved seats. Without these seats, the parliament cannot be completed, argued Gohar.
